K.Venkatesan vs The Superintendent Of Police
2023 Latest Caselaw 5048 Mad

                                                                                  W.P. No. 26170 / 2021

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                      RESERVED ON    : 27.04.2023
                                         PRONOUNCED ON : 10.05.2023

                                                        CORAM :

                                  THE HONOURABLE MR. JUSTICE SUNDER MOHAN

                                               W.P. No. 26170 of 2021
                     K.Venkatesan                                ... Petitioner


                                                        Versus

                     1. The Superintendent of Police,
                        Cuddalore District.

                     2. The Inspector of Police,
                        Mangalampettai Police Station,
                        Mangalampettai,
                        Viruthachalam Taluk,
                        Cuddalore District.

                     3. The Taluk Surveyor,
                        Mangalampettai,
                        Viruthachalam Taluk,
                        Cuddalore District.

                     4. The Village Administrative Officer,
                        Mangalampettai,
                        Viruthachalam Taluk,
                        Cuddalore District.

                     5. Marimuthu

                     6. Sivakasi

                     7. Neethimani                                                ... Respondents
https://www.mhc.tn.gov.in/judis
                     1/7
                                                                                  W.P. No. 26170 / 2021




                     PRAYER : Writ Petition filed under Article 226 of the Constitution of
                     India, praying to issue a Writ of Mandamus directing the respondents 1
                     and 2 to give police protection to lay compound wall around the
                     petitioner's property in SF. No. 24/5A, Mangalampettai, Viruthachalam
                     Taluk, Cuddalore District.


                                  For Petitioner     : Mr. M.Muruganandam

                                  For Respondent    : Mr. A.Damodaran,
                                             Additional Public Prosecutor for R1 to R4

                                              No appearance for R5 and R6

                                              Mr. A.M.Nataraj for R7


                                              ORDER

The writ petition is for a mandamus directing the respondents 1

and 2 to give police protection to lay compound wall around the

petitioner's property measuring 4 cents in SF. No. 24/5A,

Mangalampettai, Viruthachalam Taluk, Cuddalore District; that his

neighbours, who owned the property measuring 5 cents in SF. No. 24/5,

are claiming title over the petitioner's property and interfering in his

possession.

https://www.mhc.tn.gov.in/judis

W.P. No. 26170 / 2021

2. The learned counsel for the petitioner submitted that the

property absolutely belongs to the petitioner and the respondents 6 and 7

are interfering in his right to enjoy the property. The learned counsel

further submitted that the respondents 6 and 7 had failed in their attempt

before the Civil Court and the judgment of the Civil Court could establish

the petitioner's right. Therefore, he is entitled for protection.

3. The learned Additional Public Prosecutor appearing for the

respondents 1 to 4 submitted that the enquiry was conducted by the

Deputy Registrar, Registration Department which was not in favour of

the petitioner. The petitioner had filed an appeal before the Deputy

Inspector General of Registration, and he had sent a report on 18.04.2023

to the respondent police stating that the respondents 6 and 7 were not

guilty of any fraudulent transactions or fraudulent registration of

documents. Thereafter, the respondent police conducted an enquiry and

submitted that it was not possible for the first respondent to enter into a

civil dispute and rejected the request of the petitioner.

4. This court finds on the averments made in the writ petition that a

direction cannot be issued to the respondent police as prayed for by the https://www.mhc.tn.gov.in/judis

W.P. No. 26170 / 2021

petitioner. Admittedly, there are civil disputes between the petitioner and

respondents 6 and 7. If the petitioner is aggrieved by any action of the

respondents 6 and 7 in interfering in his possession, it is for him to

approach the Civil Court which would be the appropriate forum to decide

the issue on hand. It is seen that the petitioner, aggrieved by the decision

taken by the Deputy Registrar, had filed an appeal before the Deputy

Inspector General of Registration, and he had confirmed the order of the

Deputy Registrar. In such circumstances, it would not be proper for the

respondent police to decide on the title and give police protection. They

have rightly rejected the petitioner's request for police protection. The

tendency to approach the police in such matters cannot be encouraged.

No doubt, in certain cases, it may yield the desired result. That does not

mean that one should ignore the procedure prescribed under the law. A

Police Station cannot be considered as a panacea for all disputes. Hence,

this Court is not inclined to entertain this writ petition.

5. With the above observations, the writ petition is dismissed. No

costs.

10.05.2023

https://www.mhc.tn.gov.in/judis

W.P. No. 26170 / 2021

ay Index: Yes/No Speaking Order / Non-Speaking Order Neutral Citation: Yes / No

To

1. The Superintendent of Police, Cuddalore District.

2. The Inspector of Police, Mangalampettai Police Station, Mangalampettai, Viruthachalam Taluk, Cuddalore District.

3. The Taluk Surveyor, Mangalampettai, Viruthachalam Taluk, Cuddalore District.

4. The Village Administrative Officer, Mangalampettai, Viruthachalam Taluk, Cuddalore District.

5. The Additional Public Prosecutor, High Court of Madras, Chennai.

https://www.mhc.tn.gov.in/judis

W.P. No. 26170 / 2021

SUNDER MOHAN, J

ay

W.P. No. 26170 of 2021

https://www.mhc.tn.gov.in/judis

W.P. No. 26170 / 2021

Dated: 10.05.2023

https://www.mhc.tn.gov.in/judis